```

[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Proposed Rules]               
[Page 9544-9548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr10-16]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 545

[BOP Docket No. BOP 1152-P]
RIN 1120-AB52

 
Inmate Work and Performance Pay Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
streamline regulations on inmate work and performance pay by removing 
redundant language and provisions that relate solely to staff guidance.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before May 3, 2010. Commenters should be aware that 
the electronic Federal Docket Management System will not accept 
comments after Midnight Eastern Time on the last day of the comment 
period.

ADDRESSES: Comments should be submitted to the Rules Unit, Office of 
General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, 
DC 20534. You may view an electronic version of this rule at http://www.regulations.gov. You may also comment on this regulation via the 
Internet at BOPRULES@BOP.GOV or by using the http://www.regulations.gov 
comment form for this regulation. When submitting comments 
electronically you must include the BOP Docket No. in the subject box.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
contains so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
http://www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the ``For Additional Information'' paragraph.
    The reason that the Bureau is requesting electronic comments before 
Midnight Eastern Time on the day the comment period closes is because 
the inter-agency Regulations.gov/Federal Docket Management System 
(FDMS) which receives electronic comments terminates the public's 
ability to submit comments at Midnight on the day the comment period 
closes. Commenters in time zones other than Eastern may want to take 
this fact into account so that their electronic comments can be 
received. The constraints imposed by the Regulations.gov/FDMS system do 
not apply to U.S. postal comments which will be considered as timely 
filed if they are postmarked before Midnight on the day the comment 
period closes.

Discussion

    In this document, the Bureau proposes to streamline regulations on 
inmate work and performance pay by deleting redundant language and 
provisions that relate solely to staff guidance. Below is a section-by-
section explanation of the proposed revisions.
    Section 545.20 Purpose and scope. This section describes the 
purpose of the Inmate Work and Performance Pay (IPP) program of the 
Bureau of Prisons (Bureau). This section is derived from current Sec.  
545.20(a). The second sentence of current subparagraph (a), regarding 
the requirement for physically and mentally able sentenced inmates to 
participate in the work program, is deleted because the concept is 
repeated in the subsequent regulation. Current paragraph (b), regarding 
the Warden's ability to grant performance pay to qualified inmates, is 
deleted because the concept is later repeated in a regulation 
exclusively devoted to performance pay.
    Section 545.21 Definitions. This section derives almost verbatim 
from the current Sec.  545.21, and defines terms used in the rest of 
the subpart, including ``physically and mentally able,'' ``institution 
work assignment,'' ``industry assignment,'' ``commissary assignment,'' 
and other terms.
    Deleted Sec.  545.22. This section, regarding the institution work 
and performance pay committee, has been deleted because it is guidance 
to staff that need not be in regulation text. This current regulation 
explains that the Warden at each Bureau facility establishes an 
Institution Inmate Work and Performance Pay Committee to administer the 
institution's work and performance pay program, comprised of an 
Associate Warden, the Inmate Performance Pay Coordinator, and any other 
member(s) the Warden considers appropriate. The Committee is 
responsible for approving various aspects of the inmate work and 
performance pay program specific to that Committee's facility, 
including the number of inmates and pay grades for each work detail, 
job descriptions, performance standards, budgeting issues, and other 
such administrative concerns. We will retain this language in 
implementing text in the relevant Bureau policy.
    Section 545.22 Inmate work/program assignment. This section derives 
from current Sec.  545.23. It explains that each sentenced inmate who 
is physically and mentally able must participate in an institutional, 
industrial, or commissary work program unless an exception applies. An 
inmate may be authorized to not participate in IPP if the inmate 
instead participates in an education, vocational, or drug abuse 
treatment program, on either a full or part-time basis, if it is 
required by Bureau policy or statute (for example, the Literacy 
Program) or with the approval of the Warden or designee. An inmate may 
also be excepted from IPP participation if the inmate is a pretrial

[[Page 9545]]

inmate, is otherwise unsentenced or not serving a term of imprisonment, 
or is a medically unassigned inmate.
    Paragraph (d) of the current Sec.  545.23 has been deleted because 
it relates solely to guidance to staff. Paragraph (d) describes the 
factors that staff will consider when making work and/or program 
assignments. This language will be retained in the relevant Bureau 
policy, which is a more appropriate vehicle for guidance to staff.
    Section 545.23 Inmate work conditions. This section derives, almost 
verbatim, from current Sec.  545.24. This regulation describes inmate 
work conditions, such as the length of the work day, rules regarding 
reporting for work, work performance, health and safety standards, and 
work-related injuries.
    Section 545.24 Eligibility for performance pay. This section 
derives from current Sec.  545.25, and describes how an inmate may 
receive performance pay. Paragraph (a) explains that an inmate may 
receive performance pay for accomplishments in his/her institution work 
assignment, literacy program (GED) participation, apprenticeship 
training, and approved vocational training courses.
    Paragraph (b) describes how the amount of performance pay to be 
awarded is calculated. Generally, an inmate is eligible for performance 
pay from the date of work or program assignment for each month that the 
inmate's performance justifies such payment. Specific provisions 
regarding portion of the month or hours worked and absences are derived 
from current Sec.  545.26(d) and (d). Provisions regarding vesting and 
notification of performance pay status derive from current Sec.  
545.26(h) and (i).
    Paragraph (c) delineates exceptions to eligibility for performance 
pay. Inmates will not be eligible to receive performance pay if they 
refuse to participate in the financial responsibility program; refuse 
participation, withdraw, are expelled, or otherwise fail attendance or 
examination requirements of the drug abuse education course; or if they 
commit a level 100 or 200 series drug- or alcohol-related prohibited 
act.
    Removed Sec.  545.26 Performance pay provisions. Current Sec.  
545.26 has been removed. Paragraph (a) of the current regulation 
contains guidance to staff that is more appropriately retained in 
Bureau policy. This subparagraph explains that the Warden or designee 
will ensure that all institution work assignments have standardized 
work descriptions, describes the four pay grade levels that inmates may 
be assigned to, and lists factors to consider in assigning a grade 
level to a specific work position.
    Paragraph (b) allots a percentage of inmates in each Bureau 
facility to each of the four pay grade levels. The vast differences 
among Bureau facilities in size, population, work needs, and security 
levels, make such a mandatory allotment impracticable. We will retain 
recommended allotment levels in Bureau implementing text, but have 
deleted this subparagraph from regulation text in recognition of the 
differing needs and resources of each facility.
    Paragraphs (c) and (d), regarding calculation of performance pay 
based on portion of the month and hours worked, have been moved to 
proposed Sec.  545.24(b). Paragraph (e), regarding work evaluation, has 
been revised as proposed Sec.  545.25, described below.
    Section 545.25 Work evaluation. This section derives from current 
Sec.  545.26(e). Provisions regarding work evaluation have been moved 
from that regulation because inmates' work will be evaluated regardless 
of whether they are being considered for performance pay, and therefore 
is not appropriate in Sec.  545.26, entitled ``Performance pay 
provisions.''
    This section explains when, how, and what work will be evaluated. 
Every six months, the work detail/program supervisor will evaluate each 
inmate and will document in writing only those inmates who show skills 
below satisfactory level. This is a change from current regulations, 
which state that an evaluation will be conducted every month. This 
change is being made to emulate the community standard of biannual work 
performance evaluations and to more efficiently allocate staff time. 
Under the current regulations, each staff member conducting evaluations 
spends approximately two to three hours per month to assess and re-
assess inmate performance when there have been few changes from month 
to month. The new regulation would save approximately 20 to 30 hours a 
year of each evaluator's time. Further, up-to-date information 
regarding an inmate's work performance may be input in the computer 
system at any time (more frequently than monthly, if warranted), and is 
regularly checked and taken into account by staff responsible for 
evaluating inmate work performance.
    The evaluation will be based on only those hours during which the 
inmate actively participated in a work assignment or an education/
vocational program. The work detail/program supervisor will rate the 
inmate's performance in each of several categories, including, but not 
limited to quality and quantity of work, initiative, ability to learn, 
dependability, response to supervision and instruction, safety and care 
of equipment, ability to work with others, and overall job proficiency.
    A provision at the end of current Sec.  545.26(e) states that 
exceptions to the work performance evaluation procedures require 
approval of the Assistant Director, Correctional Programs Division, 
Central Office. This provision also provides guidance to the work 
detail/program supervisor regarding how to review the evaluation with 
the inmate. Because this section contains guidance to staff, we propose 
to delete it and retain it in implementing text in Bureau policy.
    Section 541.26 Bonus pay. This section derives from Sec.  545.26(f) 
and (g). This regulation explains that if the supervisor determines 
that an inmate has made exceptional accomplishments or appreciably 
contributed to the work assignment, the supervisor may recommend that 
the inmate receive bonus pay or special bonus pay (if the work 
assignment was previously identified by the Warden or designee, and 
approved by the Regional Director, as critical to the institution).
    Language instructing work supervisors to forward bonus pay and 
special bonus pay recommendations to the facility's relevant department 
head has been deleted from the proposed rule because this language is 
guidance to staff that is more appropriately retained in Bureau policy.
    Section 545.27 Inmate vacations. This section derives from current 
Sec.  545.27. It explains that if an inmate has worked full-time for 12 
consecutive months on an institution work assignment, and the work 
supervisor so recommends, the inmate may take a five-day paid vacation 
at the inmate's prevailing hourly rate.
    Again, language instructing work supervisors to forward inmate 
vacation recommendations to the facility's relevant department head 
have been deleted from the proposed rule because this language is 
guidance to staff that is more appropriately retained in Bureau policy. 
Also deleted as staff guidance is an administrative provision 
instructing work supervisors to schedule inmate vacations compatible 
with the facility's work needs.
    Section 545.28 Achievement awards. This section derives, almost 
verbatim, from current Sec.  545.28. It explains that inmates may 
receive achievement awards for completion of various approved education 
programs or for

[[Page 9546]]

completion or satisfactory progress in an approved drug treatment 
program.
    Section 545.29 Special awards. This section derives from current 
Sec.  545.29. Paragraph (a) states that inmates who perform exceptional 
services not ordinarily a part of the inmate's regular assignment may 
be granted a special award regardless of the inmate's work or program 
status.
    The proposed rule deletes language in paragraph (a) giving examples 
of ``exceptional services'' that may warrant a special award. This 
language has been deleted because these examples do not reflect the 
broad possibilities for services that may deserve special awards, but 
instead have the practical effect of limiting special awards to the 
given examples.
    Paragraph (b) states that the special award may be in the form of a 
monetary payment in addition to any other award (e.g., extra good time) 
given.
    Paragraph (c) of the current regulation states that the Warden or 
designee of each institution is empowered to approve special awards not 
exceeding $150, and that awards in excess of this amount may not be 
made unless approved by the Regional Director. This subparagraph has 
been removed from the proposed rule because it is specific guidance to 
the Warden and is more appropriate to retain in Bureau policy.
    Section 545.30 Funds due deceased inmates. This section derives 
from current Sec.  545.30, explaining that the Bureau will make unpaid 
performance pay payments due a deceased inmate to a legal 
representative of the inmate's estate or in accordance with the laws of 
descent and distribution of the state of domicile (most recent legal 
residence). This does not change the substance of current Sec.  545.30.
    Deleted Sec.  545.31 Training. Current regulation Sec.  545.31 
provides guidance to the Warden regarding training facility staff on 
the operation of the work and performance pay program and informing 
inmates of the program and pay rates. This section has been deleted 
because it is guidance to Bureau staff, but will be retained in Bureau 
policy.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB.
    The Bureau has assessed the costs and benefits of this rule as 
required by Executive Order 12866 Section 1(b)(6) and has made a 
reasoned determination that the benefits of this rule justify its 
costs. There will be no new costs associated with this rulemaking.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, under Executive Order 13132, 
we determine that this rule does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by 
approving it certifies that it will not have a significant economic 
impact upon a substantial number of small entities for the following 
reasons: This rule pertains to the correctional management of offenders 
committed to the custody of the Attorney General or the Director of the 
Bureau of Prisons, and its economic impact is limited to the Bureau's 
appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec.  804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

List of Subjects in 28 CFR Part 545

    Prisoners.

Kathleen M. Kenney,
Assistant Director/General Counsel, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of 
Prisons in 28 CFR 0.96, we propose to amend 28 CFR part 545 as set 
forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 545--WORK AND COMPENSATION

    1. The authority citation for 28 CFR part 545 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 
3622, 3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4126, 5006-5024 
(Repealed October 12, 1984 as to offenses committed after that 
date), 5039; 28 U.S.C. 509, 510.

    2. Revise part 545 to read as follows:

Sec.
545.20 Purpose and scope.
545.21 Definitions.
545.22 Inmate work/program assignment.
545.23 Inmate work conditions.
545.24 Eligibility for performance pay.
545.25 Work evaluation.
541.26 Bonus pay.
545.27 Inmate vacations.
545.28 Achievement awards.
545.29 Special awards.
545.30 Funds due deceased inmates.


Sec.  545.20  Purpose and scope.

    The purpose of this subpart is to explain the Inmate Work and 
Performance Pay (IPP) program of the Bureau of Prisons (Bureau). The 
purpose of this program is to:
    (a) Reduce inmate idleness, while allowing the inmate to improve 
and/or develop useful job skills, work habits, and experiences that 
will assist in post-release employment; and
    (b) Ensure completion of activities necessary for the day-to-day 
operation of the institution.


Sec.  545.21  Definitions.

    (a) Physically and mentally able. For purposes of this rule, this 
term includes inmates with disabilities who, with reasonable 
accommodation, can perform the essential function of the work 
assignment.
    (b) Institution work assignment. A work assignment which 
contributes to the day-to-day operation of the institution (e.g., 
carpentry, plumbing, food service).
    (c) Industry assignment. A Federal Prison Industries (FPI) work 
assignment.
    (d) Commissary assignment. A Trust Fund work assignment.
    (e) Full-time work assignment. A work assignment to which an inmate 
is assigned for the entire scheduled work day.
    (f) Part-time work assignment. A work assignment to which an inmate 
is assigned for only a part of the scheduled work day.

[[Page 9547]]

    (g) Medically unassigned. An inmate who, because of medical 
restrictions, cannot be assigned to any work program.
    (h) Light duty work assignment. A work assignment in which an 
inmate may, because of physical limitations, temporary or otherwise, 
only perform limited work functions, e.g., sedentary work, no prolonged 
standing, no lifting over 25 lbs.


Sec.  545.22  Inmate work/program assignment.

    (a) Each sentenced inmate who is physically and mentally able must 
participate in an institutional, industrial, or commissary work program 
unless one of the exceptions in (b) applies.
    (b) Exceptions. An inmate may be excused from participation in IPP 
if:
    (1) The inmate instead participates in an education, vocational, or 
drug abuse treatment program, on either a full or part-time basis, if 
it is required by Bureau policy or statute (for example, the Literacy 
Program) or with approval by the Warden or designee.
    (2) The inmate is a pretrial inmate, or is otherwise unsentenced or 
not serving a term of imprisonment, in which case the inmate may only 
be assigned housekeeping tasks in his/her cell and in the community 
living area. If such an inmate waives his/her right not to work, that 
inmate may be allowed to participate in the IPP.
    (3) The inmate is a medically unassigned inmate, in which case the 
inmate may be required to perform housekeeping tasks in his/her cell 
and in the community living area, to the extent medically possible.


Sec.  545.23  Inmate work conditions.

    (a) Work day: The scheduled work day is ordinarily at least seven 
hours.
    (b) Reporting for work: Inmates must report to the place of 
assignment at the required time, and may not leave an assignment 
without permission.
    (c) Work performance: Regardless of assignment, the inmate must 
perform all assigned tasks diligently and conscientiously. Inmates may 
be subject to disciplinary action for refusing to work, not showing up 
for work, working poorly, or encouraging others to do so.
    (d) Health and safety standards: Inmates will only participate in 
work, vocational, and education programs that meet the appropriate 
minimum standards for health and safety. Inmates will be provided 
safety equipment as needed.
    (e) Work-related injuries. Inmates must work safely, using safety 
equipment as instructed by the work supervisor. If an inmate has a 
work-related injury, he/she must notify the work supervisor so that 
appropriate action (for example, medical attention, and submission of 
necessary reports) may be taken.


Sec.  545.24  Eligibility for performance pay.

    (a) Performance pay for accomplishments. An inmate may receive 
performance pay for accomplishments in one or more of the following 
areas:
    (1) Institution work assignment;
    (2) Literacy program (GED) participation;
    (3) Apprenticeship training; and
    (4) Vocational training courses (approved by the Bureau as 
certified vocational training).
    (b) Calculating amount of performance pay to be awarded. (1) Date 
of work/program assignment. An inmate is eligible for performance pay 
from the date of work or program assignment for each month that the 
inmate's performance justifies such payment.
    (2) Portion of month worked. An inmate may receive performance pay 
only for that portion of the month that the inmate was working. 
Performance pay may not be awarded retroactively.
    (3) Hours worked. An inmate is eligible to receive performance pay 
only for those hours during which the inmate is actually performing 
satisfactory work or actively participating in an education or 
vocational training program.
    (4) Absences. Absences from an inmate's scheduled assignment for 
such reasons as call-outs, visits, sick call, interviews, or making 
telephone calls, will be deducted from the monthly number of hours 
worked and will accordingly reduce the amount of pay received by the 
inmate.
    (5) Vesting. An inmate's performance pay, once earned, becomes 
vested.
    (6) Notification. Each inmate in performance pay status shall be 
notified of monthly earnings.
    (c) Exceptions to eligibility for performance pay--(1) Refusal to 
participate in the financial responsibility program. An inmate who 
refuses to participate in the financial responsibility program will not 
ordinarily receive performance pay above the maintenance pay level, or 
bonus pay, or vacation pay in accordance with 28 CFR part 545, subpart 
B.
    (d) Failure to comply with requirements of the drug abuse education 
course. An inmate who refuses participation, withdraws, is expelled, or 
otherwise fails attendance or examination requirements of the drug 
abuse education course or the RDAP is subject to the limitations 
specified in Sec.  550.51(e) or Sec.  550.53(g) of this chapter.
    (e) Commission of a level 100 or 200 series drug- or alcohol-
related prohibited act. Inmates receiving performance pay who are found 
through the disciplinary process (Part 541 of this subchapter) to have 
committed a level 100 or 200 series drug- or alcohol-related prohibited 
act will automatically have their performance pay reduced to 
maintenance pay level and will be removed from any assigned work detail 
outside the secure perimeter of the institution. This reduction to 
maintenance pay level will ordinarily remain in effect for one year, 
unless otherwise authorized by the Warden or designee.


Sec.  545.25  Work evaluation.

    (a) When work will be evaluated: The work detail/program supervisor 
will evaluate each inmate at a minimum of every six months.
    (b) What work will be evaluated: The evaluation will be based on 
only those hours during which the inmate actively participated in a 
work assignment or an education/vocational program.
    (c) How work will be evaluated: The work detail/program supervisor 
will rate the inmate's performance in each of several categories, 
including, but not limited to the following: quality and quantity of 
work, initiative, ability to learn, dependability, response to 
supervision and instruction, safety and care of equipment, ability to 
work with others, and overall job proficiency.


Sec.  541.26  Bonus pay.

    (a) Bonus pay. If the supervisor determines that an inmate has made 
exceptional accomplishments or appreciably contributed to the work 
assignment, the supervisor may recommend that the inmate receive bonus 
pay.
    (b) Special bonus pay. An inmate may be recommended to receive 
special bonus pay based on exceptional work in a temporary job 
assignment if the assignment was previously identified by the Warden or 
designee, and approved by the Regional Director, as critical to the 
institution.


Sec.  545.27  Inmate vacations.

    (a) Eligibility for a vacation: If an inmate has worked full-time 
for 12 consecutive months on an institution work assignment, and the 
work supervisor so recommends, the inmate may take a five-day paid 
vacation at the inmate's prevailing hourly rate.
    (b) Accumulation of vacation credit. The Warden or designee may 
authorize

[[Page 9548]]

an inmate to accumulate vacation credit when:
    (1) The inmate is transferred to another institution for the 
benefit of the government or because of the inmate's favorable 
adjustment (custody reduction); or
    (2) The inmate is placed in a new work assignment in the 
institution for the benefit of the government or institution, rather 
than solely at the inmate's request or because of the inmate's poor 
performance or adverse behavior.


Sec.  545.28  Achievement awards.

    Inmates may receive achievement awards in the following manner:
    (a) Education program completion. With prior approval of the 
Education Department, each inmate who completes the Literacy program, 
Vocational Training, or related trades classroom work that is part of a 
certified apprenticeship program may be granted an achievement award 
from performance pay funds.
    (b) Drug treatment satisfactory progress/completion. With prior 
approval of the Psychology Services Department, each inmate who is 
making satisfactory progress or completes a residential drug treatment 
program may also be granted an achievement award from performance pay 
funds.


Sec.  545.29  Special awards.

    Inmates who perform exceptional services not ordinarily a part of 
the inmate's regular assignment may be granted a special award 
regardless of the inmate's work or program status. The special award 
may be in the form of a monetary payment in addition to any other award 
(e.g., extra good time) given.


Sec.  545.30  Funds due deceased inmates.

    If performance pay is due to a deceased inmate for work performed 
and not yet paid, the Bureau will make the payment to a legal 
representative of the inmate's estate or in accordance with the laws of 
descent and distribution of the state of domicile (most recent legal 
residence).

[FR Doc. 2010-3902 Filed 3-2-10; 8:45 am]
BILLING CODE 4410-05-P
```